Proposal for a COUNCIL DECISION on the conclusion of an agreement in the form of an exchange of letters between the European Community, of the first part, and the Kingdom of Morocco, of the second part, on the regime for imports into the European Community of tomatoes and courgettes originating in and imported from Morocco
Date: 1994-12-13
Institutions: European Commission
Subjects: Morocco, agreement (EU), fruit vegetable, import policy, market supervision, tariff quota

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(94) 649 final 
Brussels,  13.12.1994 

94/0289  (ACC) 

Proposal 

f or  a 

COUNCIL  DECISION 

on  t he  conclusion  of  an  agreement  in  the  form  of  an 
exchange  of 
letters between the European Community, of the first part, 
and the Kingdom of Morocco, of the second part, 
on the regime for imports into the European Community of 
tomatoes and courgettes originating in and imported from 
Morocco 

(presented by the Commission) 

-  a.  -

EXPLANATORY MEMORANDUM 

Following  the  agreements  concluding  the  Uruguay  Round  of 
GATT trade negotiations, some changes have been made to the 
present  legislation  on  imports  into  the  Community  of 
tomatoes and courgettes as from 1 January 1995. 

An additional specific duty will be levied on imports of the 
two products for a period during which there would have been 
no  charge  previously.  A  country  can  be  exempted  from  this 
specific  duty  if a given entry price  is complied with. This 
regime  could  have  a  negative  effect  on  the  Community's 
traditional imports from Morocco. 

Article 25 of the Cooperation Agreement between the European 
Economic  Community  and  the  Kingdom  of  Morocco  provides  for 
adjustments  to  the  Agreement  when  changes  are  made  in  the 
current rules. 

Negotiations were held and an agreement was reached with the 
Kingdom of Morocco which enables  the concessions  previously 
granted  for  traditional  Community  imports  of  tomatoes  and 
courgettes  originating  in  and  imported  from  Morocco  to  be 
maintained. 

This agreement must enter into force on 1 January 1995. 

The  agreement  is  contained  in  an  exchange  of  letters 
(attached), which  the Commission herewith recommends to the 
Council for adoption. 

For the agreement  to enter  into force in time, the detailed 
rules for implementing  it must be fixed now. 

- 4 -

COUNCIL DECISION 

on the conclusion of an agreement  in the form of an 
exchange of letters between the European Community, of the 
first part, and the Kingdom of Morocco, of the second part, 
on the regime for imports into the European Community of 
tomatoes and courgettes originating in and imported from 
Morocco 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European 
Community, and in particular Article 113 in conjunction with 
the first sentence of Article 228(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas, in the context of the Uruguay Round of multilateral 
trade  negotiations  the  import  regime  for  tomatoes  and 
courgettes has been changed; 

Whereas Article  25 of the Cooperation Agreement  between the 
European  Economic  Community  and  the  Kingdom  of  Morocco 
provides  that,  where  the  existing  rules  are  changed,  the 
Community may amend the regime set out  in the Agreement  for 
the products concerned; 

Whereas the Community has agreed with the Kingdom of Morocco 
that  the  said  regime  will  be  adjusted  on  the  basis  of  an 
agreement  in the form of an exchange of letters; 

Whereas this agreement should now be approved; 

Whereas it is also necessary to determine the detailed rules 
for implementing the said agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The agreement  in the form of an exchange of letters between 
the  European  Community,  of  the  first  part,  and  the  Kingdom 
of  Morocco,  of  the  second  part,  on  the  regime  for  imports 
into  the  European  Community  of  tomatoes  and  courgettes 
originating  in and  imported  from Morocco  is hereby  approved 
on behalf of the European Community. 

The text of this agreement  is attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorized  to 
designate  the  person  empowered  to  sign  the  ex-change  of 
letters on behalf of the European Community. 

Article 3 

The detailed  arrangements for implementing  this agreement, 
including possible surveillance measures, shall be adopted, 
as appropriate,  in accordance with the procedure set out in 
Article 33 of Regulation  (EEC) No 1035/72 of 18 May 1972 on 
the  common  organization  of  the  market  in  fruit  and 
vegetables1  or  in  accordance  with  the  provisions  of 
Regulation  (EC) No  1981/94  opening  and  providing  for  the 
administration  of  Community  tariff  quotas  for  certain 
products  originating  in  Algeria,  Cyprus,  Egypt,  Israel, 
Jordan,  Malta, Morocco, the  Occupied  Territories, Tunisia 
and Turkey, and providing detailed rules for extending and 
adapting these tariff quotas2. 

Where  implementation  of  the  agreement  calls  for  close 
cooperation with the Kingdom of Morocco, the Commission may 
take all necessary steps to ensure such cooperation. 

Done at .... 

Por the Council 

1 
2 

OJ-No I* 118. 20.05.1972, p.l 
O J K oL 199, 2.8.1994, p. 1 

-  6 -

AGREEMENT 
in the  form  of  an exchange  of  letters  between  the  European 
Community  and  the Kingdom  of Morocco  on  the  regime  for 
imports  into  the European  Community  of  tomatoes  and 
courgettes  originating  in and  imported  from  the  Kingdom  of 
Morocco 

Letter No  1 

Brussels, 

Sir, 

I  have  the  honour  to  refer  to  the  consultations  which  have 
taken  place  between  the  Moroccan  authorities  and  officials 
of  the  Commission  of  the European  Communities  concerning  the 
application  to  agricultural  products  of  the  outcome  of  the 
Uruguay  round  of multilateral  trade  negotiations. 

The  purpose  of  these  consultations  was  to  investigate  the 
possibility,  pursuant  to  Article  25  of  the  Cooperation 
Agreement,  of  according  to  imports  originating  in  and 
imported  from  Morocco  an  advantage  comparable  to  that 
provided  for  in  the  Cooperation  Agreement  between  the 
European  Economic  Community  and  the  Kingdom  of  Morocco. 

The  consultations  led  to  agreement  on  the  following 
arrangements. 

1. 

(a) 

For  fresh  tomatoes  under  heading NC  07.02.00.10: 

for  each  five-month  period  from  1  November  to  31 
March,  for  a  maximum  quantity  of  130  000  tonnes, 
distributed  as  follows  over  the  five months: 

November:  .16 304  T 
December:  .32 690  T 
January:  .27 756  T 
February:  .29 594  T 
.23 656  T 
March: 

total 

.130  000  T 

the  entry  price  beyond  which  the  specific  duty  is 
cut 
tonne 
(hereinafter  referred  to  as  the  agreed  entry 
price); 

zero  shall  be  ECU  560  per 

to 

(b) 

(c) 

for  the  period  from  1  January  to  31  March  1995, 
the  maximum  quantity  shall  be  81  006  tonnes, 
distributed  over  the  three months  as  shown above; 

if,  in  the course  of  a given month,  the  quantities 
provided  for have  not  been  achieved,  the  remaining 
amount  up  to  a  maximum  of  10%  of  the  total  for 
that  month  may  be  carried  over  to  the  following 
month; 

(d) 

2. 

(a) 

in  any  given  month,  the  quantity  laid  down  may  be 
exceeded  by  up  to  10% provided  the  total  for  the 
period  does  not  exceed  130  000  tonnes  (or  81  006 
tonnes  for  the  period  from  1  January  to  31  March 
1995). 

For  fresh  courgettes  under  heading  NC  07.09.90.70: 

for  each  period  from  1 October  to  20  April,  for  a 
maximum  quantity  of  1 200  tonnes,  the  entry  price 
beyond  which  the  specific  duty  is  cut  to  zero 
shall  be  ECU 451  per  tonne  (hereinafter  referred 
to  as the agreed  entry  price); 

(b) 

for  the  period  from  1  January  to  20  April  1995, 
the maximum  quantity  shall  be  1 000 tonnes. 

(a) If  the  entry  price  for  a  consignment  is  lower 

3. 
than  the  agreed  entry  price  by  2%,  4%,  6%  or  8%,  the 
specific  customs  duty  shall  be  equal  to  2%,  4%,  6%  or  8%  of 
the  said  agreed price. 

(b) 

If  the  entry  price  for  a  consignment  is  less  than 
92%  of  the  agreed  price,  the  specific  rate  of 
customs  duty bound  in GATT  shall  apply. 

4. 
The  Kingdom  of  Morocco  undertakes  to  ensure  that 
total  exports  of  tomatoes  and  courgettes  to  the  European 
Community  in  the  course  of  the  periods  concerned  shall  not 
exceed  the  quantities  agreed.  To  this  end,  it  shall  inform 
the  Commission  of  the  European  Communities,  every  Tuesday 
for  tomatoes,  and  once  a  month  for  courgettes,  of  the 
quantities  exported  during  the preceding  week  or month. 
The  Commission  reserves  the  right  to  introduce  a  system  of 
import  licences  to  ensure  proper  application  of  this 
arrangement. 

The  Kingdom  of  Morocco  and  the  European  Community  shall 
consult  together  at  all  times,  at  the  request  of  either 
party,  on the  operation  of  the  system. 

The  purpose  of  this  agreement  is  to  maintain  the 
5. 
level  of  traditional  Moroccan  exports  to  the  Community,  i.e. 
the  average  volume  of  exports  recorded  during  the  crop  years 
1990/91,  1991/92  and  1992/93. 

The  parties  shall  consult  together  each  year,  in  the  course 
of  the  second  quarter,  to  consider  trade  during  the  previous 
crop  year;  they  shall  take  any  steps  necessary  to  ensure 
that  this purpose  is  fully  achieved  for  the  forthcoming  crop 
year. 

6. 
The  quantity  of  130  000  tonnes, agreed  for  imports 
of  tomatoes  from  1  November  to  31  March,  shall  be  adjusted 
in  the  light  of  the  average  exports  from  Morocco  to  the  new 
Member  States  (average  for  1990/91,  1991/92  and  1992/93) 
over  the  same  five-month period. 

8 -

7. 
The  regime  set  out  in  this  agreement  shall  be 
incorporated  in  the  new  agreement  to  be  concluded  between 
the European Community and the Kingdom of Morocco. 

8. 
applicable  from 1 January 1995. 

The  provisions  of  this  agreement  shall  be 

This  exchange  of  letters  shall  be  approved  by  the 
Contracting  Parties  in  accordance  with  their  normal 
procedures. 

Please  accept,  Sir,  the  assurance  of  my  highest 
consideration. 

On behalf of the Council 
of the European Communities 

Rabat, 
Sir, 

Letter No  2 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of 
today's  date, which  reads  as  follows: 

"I  have  the  honour  to  refer  to  the  consultations  which  have 
taken  place  between  the  Moroccan  authorities  and  officials 
of  the  Commission  of  the European  Communities  concerning  the 
application  to  agricultural  products  of  the  outcome  of  the 
Uruguay  round  of multilateral  trade  negotiations. 

The  purpose  of  these  consultations  was  to  investigate  the 
possibility,  pursuant  to  Article  25  of  the  Cooperation 
Agreement,  of  according  to  imports  originating  in  and 
imported  from  Morocco  an  advantage  comparable  to  that 
provided  for  in  the  Cooperation  Agreement  between  the 
European  Economic  Community  and  the  Kingdom  of  Morocco. 

The  consultations  led  to  agreement  on  the  following 
arrangements. 

1. 

(a) 

For  fresh  tomatoes  under  heading NC 07.02.00.10: 

for  each  five-month  period  from  1  November  to  31 
March,  for  a  maximum  quantity  of  130  000  tonnes, 
distributed  as  follows  over  the  five months: 

November:  .16 3 04  T 
December:  .32 690  T 
January:  .27 756  T 
February:  .29 594  T 
.23  656  T 
March: 

total 

.130 000  T 

the  entry  price  beyond  which  the  specific  duty  is 
tonne 
cut 
(hereinafter  referred  to  as  the  agreed  entry 
price); 

be  ECU  560  per 

shall 

zero 

to 

(b) 

(c) 

(d) 

for  the  period  from  1  January  to  31  March  1995, 
the  maximum  quantity  shall  be  81  006  tonnes, 
distributed  over  the  three months  as  shown  above; 

if,  in the  course  of  a given month,  the  quantities 
provided  for have not  been  achieved,  the  remaining 
amount  up  to  a  maximum  of  10%  of  the  total  for 
that  month  may  be  carried  over  to  the  following 
month; 

in  any  given  month,  the  quantity  laid  down  may  be 
exceeded  by  up  to  10% provided  the  total  for  the 
period  does  not  exceed  130  000  tonnes  (or  81  006 
tonnes  for  the  period  from  1  January  to  31  March 
1995). 

- 10 -

2. 

(a) 

For  fresh  courgettes  under  heading  NC  07.09.90.70: 

for  each period  from  1 October  to  20 April,  for  a 
maximum  quantity  of  1 200  tonnes,  the  entry  price 
beyond  which  the  specific  duty  is  cut  to  zero 
shall  be  ECU 451  per  tonne  (hereinafter  referred 
to as the agreed  entry  price); 

(b) 

for  the  period  from  1  January  to  20  April  1995, 
the maximum  quantity  shall  be  1 000 tonnes. 

(a) If  the  entry  price  for  a  consignment  is  lower 

3. 
than  the  agreed  entry  price  by  2%,  4%,  6%  or  8%,  the 
specific  customs  duty  shall  be  equal  to  2%,  4%,  6%  or  8%  of 
the  said  agreed  price. 

(b) 

If  the  entry  price  for  a  consignment  is  less  than 
92%  of  the  agreed  price,  the  specific  rate  of 
customs  duty bound  in GATT  shall  apply. 

4. 
The  Kingdom  of  Morocco  undertakes  to  ensure  that 
total  exports  of  tomatoes  and  courgettes  to  the  European 
Community  in  the  course  of  the  periods  concerned  shall  not 
exceed  the  quantities  agreed.  To  this  end,  it  shall  inform 
the  Commission  of  the  European  Communities,  every  Tuesday 
for  tomatoes,  and  once  a  month  for  courgettes,  of  the 
quantities  exported  during  the preceding  week  or month. 
The  Commission  reserves  the  right  to  introduce  a  system  of 
import  licences  to  ensure  proper  application  of  this 
arrangement. 

The  Kingdom  of  Morocco  and  the  European  Community  shall 
consult  together  at  all  times,  at  the  request  of  either 
party,  on  the  operation  of  the  system. 

The  purpose  of  this  agreement  is  to  maintain  the 
5. 
level  of  traditional  Moroccan  exports  to  the  Community,  i.e. 
the  average  volume  of  exports  recorded  during  the  crop  years 
1990/91,  1991/92  and  1992/93. 

The  parties  shall  consult  together  each  year,  in  the  course 
of  the  second  quarter,  to  consider  trade  during  the  previous 
crop  year;  they  shall  take  any  steps  necessary  to  ensure 
that  this purpose  is  fully  achieved  for  the  forthcoming  crop 
year. 

6. 
The  quantity  of  130  000  tonnes,  agreed  for  imports 
of  tomatoes  from  1  November  to  31  March,  shall  be  adjusted 
in  the  light  of  the  average  exports  from  Morocco  to  the  new 
Member  States  (average  for  1990/91,  1991/92  and  1992/93) 
over  the  same  five-month  period. 

- 11 -

7. 
The  regime  set  out  in  this  agreement  shall  be 
incorporated  in  the  new  agreement  to  be  concluded  between 
the European Community and the Kingdom of Morocco. 

8. 
applicable from 1 January 1995. 

The  provisions  of  this  agreement  shall  be 

This  exchange  of  letters  shall  be  approved  by  the 
Contracting  Parties  in  accordance  with  their  normal 
procedures. 

Please  accept,  Sir,  the  assurance  of  my  highest 
consideration." 

I have the honour to confirm  that  the Kingdom of Morocco  is 
in agreement with the contents of your letter. 

Please  accept,  Sir,  the  assurance  of  my  highest 
consideration. 

For the Kingdom of Morocco 

ESN 0254-1475 

COM(94) 649 final 

DOCUMENTS 

EN 

11  03  02 

Catalogue number : CB-CO-94-677-EN-C 

ISBN 92-77-84006-4 

Office for Officiai Publications of the European Communities 
L-2985 Luxembourg